Martinez v. City of Schenectady

115 F.3d 111, 1997 WL 242792
CourtCourt of Appeals for the Second Circuit
DecidedMay 13, 1997
DocketNos. 739, 869, Dockets 96-7784, 96-7818
StatusPublished
Cited by18 cases

This text of 115 F.3d 111 (Martinez v. City of Schenectady) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martinez v. City of Schenectady, 115 F.3d 111, 1997 WL 242792 (2d Cir. 1997).

Opinion

McLAUGHLIN, Circuit Judge:

Melody Martinez seeks damages under 42 U.S.C. § 1983 from the City of Schenectady and Schenectady police officers Daniel O’Connor, (the estate of) Dennis Gregoire, James Maloney, Robert Relyea and Edward Galligan (collectively “the officers” or “the police”) for allegedly violating her constitutional rights. Martinez also seeks recovery under New York tort law.

Background

Many of the facts are not substantially in dispute. To the extent that the parties disagree, we include here the facts viewed in the light most favorable to plaintiff-appellee.

A confidential informant told defendant Officer Galligan that she could purchase cocaine from Martinez.1 The Schenectady police had [113]*113earlier received information about drug sales at Martinez’s address, see People v. Martinez, 80 N.Y.2d 549, 592 N.Y.S.2d 628, 629, 607 N.E.2d 775 (1992), and it was arranged that the informant go to Martinez’s apartment and attempt to obtain drugs.

The informant left the police station. She returned thirty to sixty minutes later with 7 grams of cocaine she said she had gotten from Martinez for a payment to be made at a later date, or, as the defendants-appellants put it, “on consignment.” Unfortunately, the police did not monitor the drug transaction, did not record it, and did not place the informant under surveillance after she left the police station.

Apparently realizing that this “uncontrolled” transaction might not support a warrant to search Martinez’s apartment, the police directed the informant the following day to call Martinez, either to arrange another drug transaction, or, at least, to confirm that the first transaction had taken place.

Under the supervision of defendant Gre-goire, and after consultation with defendants Galligan, O’Connor, Relyea, and Maloney, the officers succeeded in recording this conversation:

Martinez: Hello.
Informant: Hello, Melody?
Martinez: Yah.
Informant: Hey, what’s up?
Martinez: Nothin’ much, by three.
Informant: Three?
Martinez: Uh huh.
Informant: Wow! That long?
Martinez: Yea, ‘cuz they’re on their way right now.
Informant: Yea?
Martinez: They just finished calling me.
Informant: Okay.
Martinez: You got any money for me?
Informant: Ummmm, not yet.
Martinez: When you come to get, pick something up?
Informant: Yeh, no problem.
Martinez: Okay, bye, bye.
Informant: Okay mon.
Martinez: Bye.

Later that day, the officers went to a local police court justice for a warrant to search Martinez’s apartment. The warrant application, which was signed by Gregoire, included two affidavits by the confidential informant and an affidavit by Galligan. The application misled the judge into believing that the initial drug transaction between Martinez and the informant was “controlled,” when, as already stated, it was not. The informant was not brought before the court.

Galligan’s affidavit stated that “informant went to [Martinez’s address] and entered the rear apartment and spoke with Melody [Martinez.] Informant told Melody I need some cocaine and was then handed a plastic bag containing a white powder.” This statement failed to disclose that, because the buy was not controlled, Galligan lacked a solid basis to know that the informant had obtained the drugs from Martinez.

Although the informant’s affidavit mentioned that there was a recorded phone conversation, a transcript of that brief phone call was not included in the application, ostensibly because the officers had determined that the transcript would have provided little, if any, support for their application for a warrant.

The police court justice issued a search warrant. During the search of Martinez’s home early next morning, the police found four ounces of cocaine in a dresser.

Martinez was arrested and indicted in state court for unlawful possession of a controlled substance in violation of New York Penal Law § 220.21(1). She was convicted and sentenced to fifteen years to life in prison.

Martinez appealed her conviction to the New York Supreme Court, Appellate Division, Third Department. The Appellate Division rejected her contention that the search warrant application was insufficient to establish probable cause, and affirmed the conviction. People v. Martinez, 169 A.D.2d 340, 572 N.Y.S.2d 946, 948 (1991). In December 1992, however, the New York Court of Appeals reversed the conviction, holding that “as a matter of State constitutional law ... [114]*114the probable cause necessary for the issuance of a search warrant is lacking where the application for a search warrant is supported by the affidavit of a confidential informant who has not been questioned by the issuing court and whose reliability has not been established.” People v. Martinez, 80 N.Y.2d 549, 592 N.Y.S.2d 628, 607 N.E.2d 775 (1992).

After serving about four years in prison, Martinez filed the instant action under 42 U.S.C. § 1983, as well as pendent tort claims under New York law. Ruling on motions and cross motions for summary judgment, the district court (Cholakis, J.) held that “plaintiff has failed to provide any support for her claim that defendant City [of Schenectady] has a policy or practice as to wrongfully obtaining search warrants, or to support a claim for negligent hiring, training, or supervision of police officers,” and granted the City’s motion for summary judgment on Martinez’s § 1983 claim.

The district court, however, denied the individual officers’ motion for summary judgment on the ground of qualified immunity. The district court held that “outstanding questions of material fact” precluded a finding that the defendants have qualified immunity. The officers then filed this appeal. Martinez cross-appealed, invoking the doctrine of pendent appellate jurisdiction, and seeking reversal of the district court’s denial of her summary judgment motion.

Discussion

1. Appellate Jurisdiction

The officers appeal the district court’s denial of their motion for summary judgment. An order denying summary judgment is not usually an appealable “final decision” within the meaning of 28 U.S.C. § 1291 (1988). Mitchell v. Forsyth, 472 U.S. 511, 524, 105 S.Ct. 2806, 2814, 86 L.Ed.2d 411 (1985); Jemmott v. Coughlin,

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Martinez v. City Of Schenectady
115 F.3d 111 (Second Circuit, 1997)

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Bluebook (online)
115 F.3d 111, 1997 WL 242792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-city-of-schenectady-ca2-1997.